4 Aug 2009
The Reviewer correctly found the 4 April 2007 letter requiring medical assessment was not a 'decision' within s6 and, given the claimant's obligation under s72 to undergo assessments when required, the review application and consequent appeal were outside the Court's jurisdiction and must be dismissed.
9 Aug 2004
Although the respondent was entitled to require the occupational assessment, the appellant's refusal to attend was not unreasonable on the facts because she acted on the advice of her advocate during a live dispute over whether rehabilitation was complete and the IRP finalised; accordingly the respondent's decision to suspend entitlements was set aside and the appeal allowed.
31 Mar 1999
A February 1994 GP assessment satisfied s88(4) so the statutory assessment requirement was met, but the appellant breached s64 by allowing her claim to lapse, failing to provide certificates and to undertake rehabilitation, so the Corporation correctly declined weekly compensation from the expiry of the last medical certificate (17 April 1994) until the date medical certification was supplied (24 July 1996); on the balance of probabilities the injury was a continuation of the original OOS and weekly compensation is reinstated from 24 July 1996 at the same rate as last paid in 1994 plus indexa…